§ 177.5.Imposition of sanctions for violations of lawful orders
Title 2. Judicial Officers · Chapter 4. Incidental Powers and Duties of Judicial Officers · Last amended 2006 · Last verified July 28, 2026
Full Text of § 177.5
Plain-English Summary
Section 177.5 gives a judicial officer a direct, capped sanctions tool for enforcing the court’s own orders. If a witness, a party, or an attorney violates a lawful order without good cause or substantial justification, the judicial officer can impose a money sanction of up to $1,500, payable to the court rather than to another party. The power reaches conduct, not legal argument — it does not extend to an attorney’s advocacy before the court, so a lawyer cannot be sanctioned under this section for the positions taken in arguing a case.
The section requires the same kind of process Section 128.5 and Section 128.7 build in for their own sanctions: notice, either in a party’s moving or responding papers or through the court’s own motion with an opportunity to be heard, and a written order that spells out in detail exactly what conduct or circumstances justified the sanction. A judicial officer cannot impose this sanction quietly or in passing — the order has to show its work.
Frequently Asked Questions
How much can a judicial officer sanction someone under Section 177.5?
Up to $1,500, payable to the court, for violating a lawful court order without good cause or substantial justification.
Can an attorney be sanctioned under this section for arguments made in court?
No. Section 177.5 states the sanctions power does not apply to advocacy of counsel before the court.
Does the sanctioned party have to be given notice first?
Yes. Section 177.5 requires notice contained in a party’s moving or responding papers, or notice and an opportunity to be heard if the court acts on its own motion.
Who can be sanctioned under Section 177.5?
The section reaches a witness, a party, a party’s attorney, or both, for violating a lawful court order.
Amendment History
Added Stats 1982 ch 1564 § 1. Amended Stats 2005 ch 75 § 27 (AB 145), effective July 19, 2005, operative January 1, 2006.